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03-02-93 Special/Workshop CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - MARCH 2. 1993 - 6:00 P.M. POMPEY PARK AUDITORIUM 1101 N.W. 2ND STREET AGENDA Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the Pompey Park Auditorium at 6 P.M. on Tuesday, March 2, 1993. This meeting has been called for the purpose of considering the following: 1. Elevated Storage Tank Settlement with Post, Buckley, Schuh and Jernigan. City Attorney and Environmental Services Director recommend approval. A~~~e~~~;t~ City Clerk WORKSHOP AGENDA 1. Comprehensive Annual Financial Report - FY 1992/93. (Discussion to commence at 6:15 P.M.) 2. Joint worksession with Neighborhood Task Team to discuss recommendations regarding neighborhood improvements and overcrowding. (Discussion to commence at 6:45 P.M.) 3. Code Enforcement Board Fines. 4 . Commission Comments. , ' " CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL/WORKSHOP MEETING - MARCH 2, 1993 - 6:00 P.M. POMPEY PARK AUDITORIUM - 1101 N.W. 2ND STREET AGENDA ADDENDUM THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE: 2. SERVICE AUTHORIZATION NO. 4/HELLER, WEAVER & CATO: Consider Service Authorization No. 4 in the amount of $30,605.00 for surveying services of the S. W. 10th Avenue right-of-way corridor; with funding from General Construction Fund Account #334-3162-541-61.89 (Capital Outlay - S.W. 10th Avenue/Builders Square) . City Manager recommends approval. , " ,-, r---"'- .... .,- ,..- ~- , <, ~~~ ~ -=- ,,- -' ." ......, : /: ::=-, ' " " [ITY DF DELRRrv BEACH CITY ATTORNEY'S OFFICE ' , 'f:{ r 1 t~ ~j :~~ t- ~;'lnK t LÜ;d .j;," ¡ ., , 1 709:2 ;, "r~, ' 1 ;,,;'¡ - , .~~ i:i;"~L'¡U>~' :,.f:': 1 , ~ ! i t , " .,- " ~ , , 1 :~ u. t· ~ ~ f , f ': (_It 'w .~ 1 ~' Á.t't.:"" ~,,: ¡;) ~t j_ t,'-!1~::f¡~-!,;; ~ '.¡'¡ . S" 1.""· __ . '*...... ., .., r' , "''';, J':1 ~ ~ ". - 1". ! -'~ï ,<, . ..r-·. ! r ~ ¡ .' f 1 ~.~ ~ ~ '; ~M .1:) :~. ~., "') "; t ¡... ,I. -.. .4, ' , " ¡ ",~"'! ; õ". '" "1- - ..." t::.r '''''! ð; , ,. 1 rL ( t -~ ....;, ,~ i'~ t ~,,~, t r- ,- ~ r r f:{. , ' ''!L': ~). t ~~:~ r .... ¥.. .-. .- '-\ --,' ~ l' ~, :, k .-~. , .;' :." - ..; ~- , , ';\r;~ ' , '1, <', ' : ~-; (, ~ " < ,; I .. 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FLORIDA 33444 fACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: February 26, 1993 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Elevated Storage Tank¡ Settlement with Post Buckley The City Commission may recall that on February 23, 1993 a change order with Dee's Construction was authorized for warranty repairs and corrections to the Elevated Water Storage Tank. The change order settled other claims against Deels for their responsibility as to the defective work. Post, Buckley, Schuh & Jernigan, Inc. , the engineers on the project are now proposing a settlement of claims the City may have against them with respect to the original project. Problemø arose with the original work in two basic areas. First, a seam sealant was not applied and instead extra layers of paint were applied to the interior of the tank. This resultecr--J.n the protective coating breaking down and the application having to be redone. The second problem was that sway rods which maintain the structural integrity of the tank were not tightened. With respect to both of these items, the partieø do not admit liability or fault. Rather blame is ðs~e88ed in other directions. In settlement, Post, Buckley is willing to pay the City $15,000.00. In addition, they are willing the supply paint inspection and project management services at no cost to the City. They are also willing to pay half of the costs for it specialty structural firm to inspect the securing rods. The combination of this proposed settlement and the argreement with Dee results in the City being made essentially whole with respect to the tank interior. However, their is additional costs of approximately $25,000 .. for rod tightening (actual figure will depend on amount of rods needing correction.) The benefit to the City is that it does not have to undergo additional engineering and litigation costs. The City Attorney's Office and Director of Environmental Services recommend acceptance of Post Buckley's offer at a special meeting scheduled for March 2, 1993. JSK: j w cc: David Harden, City Manager Bill Greenwood, Director of Environmental Services Ralph Hayden, City Engineer pBtbuck.jBk , ' · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~'1 SUBJECT: AGENDA ITEM :It ~p- \ - SPECIAL MEETING OF MARCH 2. 1993 SETTLEMENT WITH POST. BUCKLEY. SCHUH AND JERNIGAN DATE: February 26, 1993 At the time the agenda was complete the City Attorney's office was still compiling the backup material for this item. It is anticipated that this documentation will be provided to you prior to Tuesday evening's meeting. , I" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtP~ SUBJECT: AGENDA ITEM # SP. d . - SPECIAL MEETING OF MARCH 2, 1993 SERVICE AUTHORIZATION NO. 4/HELLER, WEAVER & CATO DATE: MARCH 1, 1993 Staff is requesting approval of Service Authorization No. 4 to the contract with Heller, Weaver & Cato in the amount of $30,605.00 for surveying services of the S.W. 10th Avenue right-of-way corridor required for roadway design, including topographic information on S. W. 10th Street and Wallace Drive, and conduct lot and parcel surveys as required for land acquisition. The contract amount breaks out as follows: $19,605.00 right-of-way, topographic & lot surveys 5,500.00 acquisition parcel surveys 5,500.00 additional unforeseen survey work as required on a time and materials basis not to exceed Funding for the project will be from General Construction Fund Account No. 334-3162-541-61.89 (Capital Outlay - S. W. 10th Avenue/Builders Square). Recommend approval of Service Authorization No. 4 in the amount of $30,605.00 to Heller, Weaver & Cato for surveying services of the S.W. 10th Avenue right-of-way corridor. . , '" · Agenda Item No.: AGENDA REQUEST Date: Februarv 25. 1993 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: March 2. 1993 Description of item (who, what, where, how much): Staff requests approval of a service authorization to Heller. Weaver & Cato for survevinq services of the S.W. 10th Ave. riqht-of-wav corridor. which includes topoqraphic information on S. W. 10th st. and Wallace Road. required for roadway desiqn and conduct lot and parcel survevs as required for land acquisition. Proiect No. 93-021 Contract Amount: $19.605.00 riqht of wav. topoqraphic & lot survevs 5.500.00 acquisition parcel surveys 5.500.00 additional unforeseen survev work as required on a time and materials basis not to exceed. Fundinq Source: 334-3162-541-61.89 ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES/NO Recommendation:Staff recommends approval of the service authorization to Heller. Weaver & Cato in the amount of $30.605.00 for survevinq services of the S.W. 10th Ave. rioht of wav corridor. Department Head Signature:~ (t/1;(!j:3:?-"'~ 3.,;; If" .3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO (if applicable)tf£aSi~, êo~~j~Læ~h Funding alternatives R<-/lO Account No. & Description (!IJPlílH (':x.07/:}u - S(') lOWl Huf= / ßwt /)FR~ ::X;¡Úfdf Account Balance I I City Manager Review: ¥!:. ).)0 ¿I¡)II~S- u.nTiL /' Approved for agenda: ~NO 12 ~('~ Ij4 v'6 $ J-/9?K Hold Until: k'll) dt}t:lf¡¡~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DB321225.MRM , ' " . . MEMORANDUM r"\ - nECEiVEO M,4R , 199j TO: David T. Harden CITY M City Manager . Af~AGFR'S OFFICE william H. Greenwood 1/J1)'!ð. THRU: Director of Environmental Services FROM: Ralph E. Hayden, P.E.~ City Engineer DATE: February 25, 1993 SUBJECT: S.W. 10th Ave. Surveying Services Project No. 93-021 Attached is an agenda request for award of the attached service authorization for survey work within the S.W. 10th Ave. right-of-way corridor to Heller, Weaver and Cato, one of our continuing contract survey firms. The work which will be conducted under this service authorization includes topographic and location information within the s. W. 10th Ave. right-of-way corridor, topographic information on s. W. 10th st. and Wallace Road required for roadway design, lot surveys and parcel surveys for land acquisition. A breakdown of the service authorization amount is as follows: $19,605.00 Right-of-way, topographic and lot survey 5,500.00 Acquisition parcel surveys 5,500.00 Additional unforeseen survey work upon request on a time and materials basis not to exceed The funding source for this project is 334-3162-541-61.89. We have reviewed the service authorization amount from Heller, Weaver and Cato for the survey work outlined above. We have determined that the amount is fair and acceptable for the work requested. In order to proceed with the project as quickly as possible, we would like to request that this service authorization be placed on the Commission Agenda on March 2, 1993. DH : mm cc: Robert Barcinski, Asst. city Manager Ted Glas, Purchasing Officer Sandee Mills, Admin. Asst. IV File: Project No. 93-021 (D) RH321225.MRM . , " HELLER - WEAVER AND CATO, INC. CITY OF DELRAY ,BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. :114- FOR CONSULTING SERVICES CITY P.O. NO. (CITY) HELLER-WEAVER AND CATO, INC. TITLE: Road Construction - S.W. 10th Avenue This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated Julv 25, 1991 , between the City of Delray Beach and Heller-Weaver and Cato, Inc. . I. PROJECT DESCRIPTION Land Surveying Services for Road Construction on S. W. 10th Avenue. II. SCOPE OF SERVICES A. Locate and verify centerline control of S.W. 10th Avenue from the north right-of-way of Linton Boulevard to the north line of the "Sands 0' Sea" plat, then locate and verify centerline control to a point intersecting with the centerline of Wallace Road. Locate and establish east and west right-of-way lines on S.W. 10th Avenue (from "Sands O'Sea" plat to S.W. 10th Street) based on 60' right- of-way (30' symmetrical from centerline) except where right-of-way is previously established at 50 feet. B. Locate centerline, north and south right-of-way lines of S.W. 11th Street, 50' right-of-way from Wallace Drive to S.W. 9th Avenue. C. Conduct boundary surveys for purchase of the following properties listed by property control number: 12 43 46 20 18 000 0091 12 43 46 20 18 000 0092 12 43 46 20 18 000 0121 12 43 46 20 18 000 0131 12 43 46 20 18 000 0163 12 43 46 20 01 030 0020 12 43 46 20 38 000 0120 D. Conduct topographic survey of S.W. 10th Street from S.W. 9th Avenue to S.W. 11th Avenue and on Wallace Road from S.W. 11th Street to S.W. 10th Street. , ' Road Construction of S.W. 10th Avenue Page Two E. Conduct survey work consisting of field topography and horizontal locations of all existing improvements within the right-of-way of S.W. 10th Avenue extending 50' east and west from centerline (100' corridor), and S.W. 11th Street extending 25' beyond the north and south right-of-way lines. Limits of project to include the following: l. Topographic elevations at 50' stations, 25' intervals. Where pavement exist, elevations should be taken at centerline grade (existing PGL), edge of pavement grade, location and grade of swale centerline, front and back of sidewalk, and right-of-way line, including cross sections at all P.C./P.T. points of intersection return radii, P. I. of intersections, and cross sections of all side streets at 50' from intersection P.I. 2. Location of existing structures, buildings, roadway, pavement, driveways, sidewalks, curb, etc. , including P.C./P.T. of intersection return radii. 3. Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/grate elevations of all storm, sanitary, and other accessible structures including Florida Public utilities, Florida Power and Light/Southern Bell aerial and underground facilities. City staff will coordinate all utility locations including UNCLE locations. 4. Location of all trees 6" diameter and larger and/or tree clusters, shrubs, mailboxes, signs, fences, and other encumbrances found within the right-of-way. s. Provide and reference three permanent benchmarks at approximately 600' intervals. F. City of Delray Beach will provide copies of all subdivision plats warranty deeds, as-builts, and any other instruments as required for the scope of the aforementioned services. III. SUBMITTAL MATERIALS A. All field notes in neat legible format. B. One ( 1) plot of the drawing of the entire corridor signed and sealed by a registered land surveyor for record purposed at I" = 20' scale (the City will provide plotting services). c. A computer disk with survey and drawing information compatible with Auto Cadd Version 11 or 12. Separate layers for Auto Cadd drawing information are to be established at a minimum as follows: " ' " . Road Construction of S.W. 10th Avenue Page Three C. Continued l. Right-of-way text 2 . Right-of-way lines 3. Lot text 4 . Lot lines 5. Locations text 6. Locations information 7 . Topographic text 8. Survey notes and information IV. BUDGET A. PART ONE 1. LABOR Survey Crew . · · · .136 hrs. @ $ 83.25 · · · · $11,322.00 Supervisor . · · · · 16 hrs. @ $ 55.00 · · · · $ 880.00 CADD Operator · · · · 90 hrs. @ $ 40.50 · · · · $ 3,645.00 Project Manager · · · 24 hrs. @ $ 75.00 · · · · $ 1,800.00 Principal in Charge · 16 hrs. @ $ 90.00 · · · · $ 1,440.00 Clerical . . · · · · 16 hrs. @ $ 25.00 · · · · $ 400.00 2. EXPENSES Reproductions, Communications, Etc. . . · · · · $ 118.00 LUMP SUM TOTAL $19,605.00 B. PART TWO For additional services required for acquisition of properties relating to the preparation of parcel sketches and descriptions and authorized in writing by the City Manager on an as required basis, consultant shall be paid a fee mutually agreed upon between City and Consultant which shall not exceed. . . . . . . . . · · · · $11,000.00 V. COMPLETION DATE Eight weeks after approval of Authorization to proceed, project will be completed. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous work authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. , " · Road Construction of S.W. 10th Avenue Page Four Approved by: CITY OF DELRAY BEACH: Date: Date: Thomas E. Lynch Mayor Witness Attest: BEFORE ME, the foregoing instrument, this';;¡S day of Ft:.ßk0f1R~ ' 19 (13, was acknowledged bY-lcXf\ b, ¡'t~A"ef' Approved as to Legal Sufficiency on behalf of the Corporation and and Form said person executed the same free and voluntarily for the purpose therein expressed. Witness my hand and seal in the County and State aforesaid this c~'5 day of FË l:':.¡:Zùt\:R.y , 1991· A , Notary Public State of FloridamQLLUlL<-"ð SV,^,o:_ My Commission Expires: NOTARY PUBLIC. STATE OF FLORIDA. ~ MY COMMISSION EXPIRES: APRIL 27. 1994 BONDED THRU NOTARY PUBL.IC UND~RWRIT¡:Rs.. I f:t.mnII:.~~~Nt!~ ., \ n · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!j't-( SUBJECT: AGENDA ITEM #~f). f - WORKSHOP MEETING OF MARCH 2. 1993 COMPREHENSIVE ANNUAL FINANCIAL REPORT FY 1992/93 DATE: February 26, 1993 At the February 9th regular meeting I the Commission was provided a copy of the Annual Financial Report for Fiscal Year 1992/93. Please bring your copy to Tuesday evening's meeting. . . . . Aqenda Item No.: ·AGENDA REQUEST Date: 2/25/93 Request to be placed on:' Regular Aqenda Special Agenda X Workshop Agenda When: 3/3/93 Descri~tion of aqenda item (who, what, where, how much): ode Enforcement Board Activity and Commission Dlrection ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Commission Action Department Head Signature: ~a~" Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation ( if appl icable) : Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: ç Approved for agenda: fY/ NO (¡¿Vi Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: CODE ENFORCEMENT BOARD ACTIVITY/COMMISSION DIRECTION DATE: FEBRUARY 25, 1993 ITEM BEFORE THE BOARD: - - City Commission discussion and direction to the Code Enforcement Board regarding fines assessed and final disposition on accrued fines and cases processed through this procedure. BACKGROUND: Members of the City Commission and staff met with the Code Enforcement Board on December 3, 1991 to address a concern that had been raised regarding their procedures on fines and assessments. A copy of the minutes from this meeting is attached for your reference. The Commission was concerned with the Board's actions that reduced very large fines to what was termed an "administrative fee." In most of the cases, the affected property owner either elected not to comply with the City's code requirements or was a repeat violator. The concern was with the Board's credibility and the provision of proper incentives to encourage owners to comply. After much discussion at this meeting, the Commission members present directed the Board to consider assessing more realistic fines that would not be reduced or eliminated when a case was dismissed or had finally come into compliance. The Mayor brought this matter to the City Commission at a regular meeting and received consensus on this direction. The concern currently raised by staff is the Board's activities over the past few months. It is our opinion that the disposition of fines and assessments is not consistent with the direction from the Commission. Although current fines assessed are more realistic, the Board has elected to substantially reduce or completely eliminate fines upon compliance by the violator. A copy of the Board's activity over the past 90 days is provided for your reference. RECOMMENDATION: Staff is requesting City Commission direction be provided to the Code Enforcement Board on policies regarding the reduction and/or disposition of fines assessed for non-compliance to the City's code requirements. LB:DQ Attachments 93Mem CodeBd.LB Yl.s·3 , . . MINUTES OF THE WORKSHOP MEETING OF THE CODE ENFORCEMENT BOARD DECEMBER 3, 1991 3:00 P.M. AT BOSTON'S Members present: Others present: Tim Onnen, Chm. Thomas Lynh, Mayor Perry DonFrancisco Armand Mouw, City Commissioner Susan Gracey Bill Andrews, City Commissioner Dominick Sarlo Jeff Kurtz, City Attorney Richard Raab Susan Ruby, Assist. City Attorney Richard Eckerle Lula Butler, Dir. Com. Improv. Beril Kruger Richard Bauer, Code Enf. Adm. Catherine Newkirk William Brown, Code Enf. Off. John Goodman Norma Smith, Board Clerk The meeting was called to order by the Chairman at 3:00 p.m. He introduced the City Attorney. Jeff Kurtz stated that the topic of discussio~ was the Code Enforcement Board's procedures relating to fines. In the past, the Code Enforcement Board was never really considered as a fine collection mechanism; but, basically a body in existence to gain compliance with city codes. That philosophy has now changed and now the direction is that if people are in violation of the codes, they should pay something if they are found guilty by the Code Enforcement Board. Fines in the past have been too lenient, or fines not being assessed. He further spoke to the Board informing them not to feel compelled to make a reduction in a fine. The Chairman suggested that the City administration establish fine guidelines. Susan Ruby, Assistant City Attorney, reminded the Board that when the Board proposes a fine that they cannot inject the term "administrative costs" into discussion of the fine amount. Richard Bauer, Code Enforcement Administrator, stated since the commencement of the budgetary year, $15,000.00 has been collected in Code Enforcement Board fines. Armand Mouw, City Commissioner, spoke of the days when he served on the Code Enforcement Board and commended the Board on their endeavors. Thomas Lynch, Mayor, invited the Board to suggest to the City Commission of any new ordinances that they felt might be effective. He also commented that the City Commissioners did not want to see fines reduced or dismissed; those commissioners present, agreed with this statement. Various Board members spoke about their thoughts about serious code violations, repeat violators and length of time of cases achieving compliance. The meeting adjourned at 4:30 p.m. Norma Smith, Board Clerk , ' '" . . ~//a/q3-.O RECEIVED fEB 1 ð 1995 .J~ ~ ~/~~ If}!<- /\ MEMORANDUM CITY MANAGEP'S OFFICE TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: CODE ENFORCEMENT BOARD FINE DISPOSITIONS - - DATE: FEBRUARY 16, 1993 Listed below are the Code Enforcement Board's activities and decisions on fine dispositions for the past six (6) consecutive meetings. I am sending this to you as information that you may wish to share with the Commission, since the Commission had directed the Board to consider reasonable fines that would encourage compliance or at least deter repeat violators from making the same mistakes over and over again. My concern is that the Board seem s to have begun doing the opposite of what the Commission had directed and in many cases, disposing of accrued or existing liens entirely. Also, staff has informed me that there are at least two (2) board members who do not share the City's efforts and activities directed at correcting, through the nuisance ordinances, violations related to sod and other landscape materials. These board members have expressed verbally that violations for dead sod are "picky-une" and should be none of our business. Hearing Date: 11/10/92 Case t Existing Lien Accrued Fine Disposition -- 91-6276 $ 1,425.00 - - 91-6379 3,650.00 $22,600.00 - TOTAL $ 5,075.00 $22,600.00 $ - Hearing Date: 11/24/92 92-7038 - $ 2,500.00 - TOTAL - $ 2,500.00 $ - . . . . . Code Enforcement Fines February 16, 1993 Page 2 Hearing Date: 12/08/92 Case t Existing Lien Accrued Fine Disposition -- 91-6709 $ 2,150.00 $ 4,675.00 - 91-6242 8,850.00 - - 91-6383 1,800.00 5,500.00 $ 550.00 91-6725 3,575.00 - - TOTAL $16,375.00 $10,175.00 $ 550.00 Hearing Date: 1/12/93 91-6836 $ 2,425.00 $ 4,075.00 - 92-7480 9,000.00 - $ 1,000.00 92-6897 - 1,420.00 300.00 91-6817 - 5,450.00 - TOTAL $11,425.00 $10,945.00 $ 1,300.00 Hearing Date: 1/26/93 89-3465 $ 9,775.00 - $ 250.00 91-6715 - $ 375.00 70.00 91-6864 - 9,600.00 100.00 92-6995 800.00 - - TOTAL $10,575.00 $ 9,975.00 $ 420.00 Hearing Date: 2/09/93 92-3027 - $ 5,500.00 - 92-3955 - 130.00 - 92-4068 - 110.00 - 92-4070 - 100.00 - 92-6381 - 6,775.00 - TOTAL $ - $12,615.00 $ - LB:DQ D14 CEFines.01 . . . . . Agenda I tem No.: ·AGENDA REQUES~ 2/25/93 , Date: Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 3/3/93 Descri~t~on of agenda item (who, what, where, how much): elghborhood Task Team Presentation and Discussion ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Recommendation: Commission Action Department Head Signature: ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved (or agenda: &, NO t~Î Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved , · MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTG{) SUBJECT: PRESENTATION AND DISCUSSION BY THE NEIGHBORHOOD - -- TASK TEAM -- DATE: FEBRUARY 25, 1993 ITEM BEFORE THE COMMISSION: - - A presentation and discussion with the City Commission by the Neighborhood Task Team. BACKGROUND: In it's original inception, the Neighborhood Task Team was established by the City Commission under Resolution #68-90 in July 1990. During their first session, the Task Team's primary function was to review and evaluate goals set forth in the Housing Element of the Comprehensive Plan which were (1) directed at establishing residential neighborhoods; (2 ) refinement of geographic boundaries identified for neighborhoods, including the identification of individuals who would appropriately represent the same; (3) consider the priorities designated in the Housing Element for neighborhood improvement; and (4) consideration of other items that may be referred to the Task Team by the City Commission. On March 5, 1991, the Task Team submitted its final report and recommendations to the City Commission which was accepted. On December 10, 1991, the City Commission reconstituted the Neighborhood Task Team under Resolution #102-91 with direction to develop and review specific recommendations aimed at mitigating identified Code Enforcement problems throughout the City, and to provide recommendations toward the adoption of new and/or amended ordinances for the Commission's consideration. On July 28, 1992, the Task Team submitted its final report, which was accepted by the Ci ty Commission. A copy of this final report and recommendations is attached for your reference. The Chairman of the Task Team, David Henninger, will be presenting and discussing this report before the Commission and will also be looking for direction on the same. The Task Team would then propose a separate workshop meeting with the Commission to discuss proposed ordinances and other policy issues. LB:DQ Attachments NTT NTT93. CC ~s.- ~ , ' '" NEIGHBORHOODS TASK TEAM FINAL RECOMMENDATIONS Pursuant to Resolution #102-91 approved by the City Commiss ion, the Neighborhoods Task Team was given the responsibility of developing recommendations directed at mitigating code enforcement problems throughout the City of Delray Beach. At the first meeting a survey form was completed by thirty (30) Task Team members. From their responses categories were created that proposed to identify code enforcement problems for the Task Team to review and make recommendations proposed to correct declining conditions occurring in various neighborhoods throughout the City. Listed below are the Neighborhoods Task Team recommendations by category, and identified as proposed amendments to existing ordinances and/or the Land Development Regulations, new ordinances or proposed policy: I. PARKING REQUIREMENTS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS 1. Proposes to amend Section 4.~.9(C)(2) of the Land Development Regulations prohibiting parking on unimproved surfaces on residential front lawns and defining the number of parking spaces required per dwelling unit. 2. Proposes adoption by the City Commission an amendment to Section 4.6.16 requiring the improvement and maintenance of all swales within residential neighborhoods. B. AMENDMENT TO THE CODE OF ORDINANCES Proposes to amend Chapter 71 of the Code of Ordinances prohibiting parking of any vehicle on swales and or right-of-ways. C. POLICY PROPOSAL 1. NTT proposes that Code Enforcement Officers and Police Officers be allowed to issue "parking tickets" during the normal work day for proposed parking on swales/right-of-ways and front lawn violations. 2. Proposes the development of a 3 to 5-year Comprehensive Swale Improvement Plan. The storm water utility fee is proposed. as the funding source to implement the plan. 0' '" '. . II. MANDATORY EXTERIOR MAINTENANCE STANDARDS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS 1. Proposes to amend Sec. 4.6.16 (B)(4) requiring existing single family detached units to comply with minimum landscape standards and to require the upgrading of landscaping on these properties, to the extent physically possible. 2 . Proposes to amend Sec. 4.6.16 ( F) to provide for the use of a manually operated irrigation system for existing single family detached units. B. NEW ORDINANCE PROPOSAL Proposes adoption by the city Commission of an ordinance requiring the placement of laundry on proper laundry equipment, i. e. a clothes line or rack, where it is not visible from the road. III. OVERCROWDING OF HOUSING UNITS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS Proposes amending Section 1. 4.5 to revise the definition of "Family" to restrict the number of unrelated persons allowed to live in a dwelling unit to three ( 3 ) . The Task Team further recommends amending this section by adding a new subsection to define additional criteria to be used along with the definition of family for determining overcrowded housing, as follow: 1. Use of minimum square footage requirements to assess if a unit is overcrowded. Porches, utility rooms, kitchens, bathrooms, garages and hallways shall not be considered as bedrooms. 2 . Minimum dwelling space requirements of 150 square feet for the first occupant and 100 additional square feet of floor area per additional occupant. Floor area shall be calculated on the basis of the total area of all habitable rooms. 3. For dwelling unit of two or more rooms, each room occupied by one ( 1 ) person shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of additional floor space per additional occupant. 2 , ' . . 4. Use of HUD Section 8 Guidelines for limiting the number of persons occupying a unit to two ( 2 ) per bedroom. S . Sanitation criteria should be used to assess overcrowded conditions. IV. VACANT BUILDINGS NEW ORDINANCE PROPOSAL Proposes that the city Commission adopt as a standard the code Enforcement Board-Up Specifications on city initiated board ups, for all cases where residential units are required to be boarded up and that an annual inspection be established. POLICY PROPOSAL Window Treatments in Vacant Commercial Buildings. Proposes standards be adopted for the treatment of windows in vacant commercial buildings and suggests the Community Redevelopment Agency and the Downtown Development Authority develop a model. V. HOME OCCUPATION LICENSE POLICY PROPOSAL NTT proposes that there be tighter enforcement and monitoring of Horne Occupational license holders and three or four times per year, a newspaper ad or other notice format be published to remind residents of the requirements. VI. LANDLORD PERMITS POLICY PROPOSAL Proposes that a direct notice be sent to condominium associations regarding the requirement for Landlord Permits. Additionally proposes, that the water bills and newspaper ads three or four times per year be used to notify all landlords of the requirement. VII. OTHER RECOMMENDATIONS A. NEWSRACK ORDINANCE Task Team members reviewed and supported the proposed Newsrack Ordinance regulating the placement of newspaper vending machines, and proposed the ordinance include language to offer an alternative color to "light brown" for vending machines. 3 . , '" , . . B. TREE TRIMMING POLICY PROPOSAL Proposes that staff send letters to homeowners associations and tree trimmers regarding the landscape code and the correct method for trimming trees. C. CODE ENFORCEMENT 1. POLICY PROPOSAL a. Proposes that all codes relating to housing should be published in one section of the Code of Ordinances as Single Family Housing Regulations. b. Proposes the City Commission direct the Code Enforcement Board to continue its efforts to assess realistic fines for non-compliance to code requirements and begin a practice of not reducing the assessed and/or accrued fines once compliance is received. c. Proposes the City Commission consider approval for a quarterly publication within a local newspaper, the names of persons or businesses that are "repeat violators." d. Proposes door hangers be used as courtesy notice for minor maintenance items. Recommended Staff develop a multiple use hanger with a plan for distribution and present this to the Task Team at a later date. 2. AMENDMENT TO COUNTY COURT CITATION PROGRAM NTT proposes amending the Citation program to include the use of citations for any repeat violation occurring by the same person or business, after two formal violation notices have been issued. A formal warning shall be issued to the violator concurrent with the second violation notice. D. ALLEYWAYS It was recommended that proposals for the use of alleyways to access back yards for parking be addressed at the quarterly Neighborhoods Task Team meetings. 4 , ' " E. ANIMAL CONTROL POLICY PROPOSAL 1. Proposes City Manager write a letter to the governor's office requesting the wild animal rules be relaxed to give residents more flexibility in handling wild animal concerns. The Task Team proposes re-visiting this recommendation to address a potential funding source for residents unable to afford private wild animal removal services. 2. NTT proposes that the city Commission consider hiring an assistant to work with the animal control officer. Lula Butler explained she is required to document the need for additional animal control staff. S , " . . . . --- -RËSOLuTÍON NO. 102-91 A RESOLUTION or THE CITY COMMlSSION or THE CITY or DELAAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 68-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK FORCI or THE CITY or DELAAY BEACS AS AN AD-HOC ADVISORY BOor TO THE CITY COMMISSION, TO PROVIDE rOR A REVISED SCOPI or RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER or APPOINTED MEMBERS, AND AMENDING RESOLU'I'IOIf NO. 113-90 WRICS EXTENDED THE ESTABLISHED SUNSET DATI or THE NEIGHBORHOODS TASK FORCI, TO nOVIDI FOR MONTHLY MEETINGS AND A NEW SUNSE'l' DATI or JULY 31, 1992, PROVIDING AN EFFECTIVE DATI. WHEREAS, at the ~eting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establhhing the Neighborhoods Ta.k Force, a.signing it duties and responsibilities, and setting a sunset date, and, WHEREAS, at the lleeting of NoveJllher 27, 1990, the City Commi.sion adopted Resolution No. 113-90 which extended the established sunset date of the Neighborhoods Task rorce; and, WHEREAS, at the meeting of December 3, 1'91, the City Commission approved a staff recommendation to expand the membership and change the scope of responsibility for the Neighborhoods Ta.k Force, and further authorized the holding of ~nthly meetings and a new sunset date for the Neighborhood. Task Force, NOW, THEREFORE, BI IT RESOLVED BY THE CITY COMMISSION or THE CITY or DELAAY BEACH, FLORIDA, AS FOLLOWS I Section 1. That Section I of Resolution No. 68-90 be, and the same is hereby amended by adding a new subsection (F) to read as followss (P) Development and review of specific recomme~dation. directed at aitigating identified code enfdrcement problema throughout the City of Delray Beach, and to provide recommendations toward the adoption of new and/or amended ordinances for City Commission consideration. Section 2. That Resolution No. 68-90 be, and the same is hereby amended by adding a new Section 4 to read a. follows I Section 4. That the Neighborhoods Task Porce membership shall not exceed twenty-five (25) persons. Section 3. That Section 3 of Resolution No. 68-90, together with the provisions of Section 1 'of Re.olution 113-90, be, and the same is hereby amended to read as follows, Section 3. This Neighborhood Task rorce shall be authorized to hold monthly meetings on an ongoing basis, and shall disband upon the discharge of its assiqned tasts or by I_~~'tt/JXIII"X July 31, 1992, unless otherwise extended by action of the City Commission. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the lOth day of December, "". ~...~ ATTEST: ' MAY a (¡ :;vnfllll'·1ff r 1Io~ ity C e , __..... _.~..~....... ". ....... .... "._..... .___.~... ...__._.__.,_......__ ...................................._......-.......... ......'_. _.' 0." _ __... .... .0.... _..... .0.. ... . .----.--------- - -- ..-- -- ---- --- -- ._-. .._- .. " I · . .. , Mayor Lynch suggested any future requests for waivers be paid directly by the homeowners. Mr. Andrews moved denial of the request for waiver of permitting fees, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. ~ Request to Hold Peach Umbrella Festival. The Commis- sion is to consider a request from the Peach Umbrella Association to hold their annual Fall Festival on October 31, 1992 from 8: 30 A.M. to 6:00 P.M. City Manager recommends approval. Dr. Alperin moved approval of the request for the Peach Umbrella Festival, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. ~ Neighborhoods Task Team Final Report/Resolution No. 82-92. The Commission is to consider accepting and filing the final report from the Neighborhoods Task Team and consider Reso- lution No. 82-92 which authorizes the NTT to reconvene in January 1993 and sunset on July 31, 1993. Staff recommends approval. The City Manager presented Resolution No. 82-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992 TO AUTHOR I ZE THE NEIGHBOR- HOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEET- INGS AND PROVIDING FOR A NEW SUNSET DATE OF JUL Y 3 1, 1993; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 82-92 is on file in the offi- cial Resolution Book) Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. -8- 7/28/92 '. ' " Mr. Randolph moved for the adoption of Resolution No. 82-92, seconded by Dr. Alperin. Mayor Lynch recommended that before reconvening, the Task Team should reevaluate the attendance record as there were people who missed quite a few of the meetings. Mr. Randolph withdrew his motion, Dr. Alperin withdrew his second. Mr. Randolph moved for the adoption of Resolution No. 82-92, authorizing the Neighborhoods Task Team to reconvene in January, 1993 and sunset on July 31, 1993 with particular attention to the attendance records; those with no attendance being removed and replaced, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9. F. Resident Project Representative Services/Digby Bridges. The - Commission is to consider authorizing resident project representative services under the contract with Digby Bridges, Marsh and Associates in an amount not to exceed $60,000 in conjunction with the development of the Tennis Center/Stadium; with funding from General Construction Fund Tennis/Center Stadium (Account No. 334-4145-S72-63.4I). Dr. Alperin moved approval of the RPR not to exceed $60,000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. Dr. Alperin stated he is approving this so there will be no hesitation in this project; efforts to try to correct this problem will cause a delay. Mayor Lynch stated this would be long term, but does need to be looked into. Mayor Lynch passed the gavel to Vice-Mayor Alperin. The City Manager stated the tennis center must be built by March, and at that pace it would be easy to miss important details. There is no room for error in building a world-class tennis facility, therefore the second ranked firm was asked to assist the City on a per diem basis for which they have offered a proposal not to exceed $13,037.40. They would also do the value engineering design constructability. The City hopes to do everything possible to be sure the stadium functions well, people enjoy playing in it, as well as being spectators in it. Mr. Randolph moved to approve Service Authorization No. 1.1 for consulting services, seconded by Mr. Lynch. Upon roll call the Commis- sion voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 4 to 0 vote. -9- 7/28/92 , ' --. -- RESOLUTION NO. 82-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992, TO AUTHORIZE THE NEIGHBORHOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEETINGS AND PROVIDING FOR A NEW SUNSET DATE OF JULY 31, 1993; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of July 10, 1990, the City Commission adopted Resolution No. 68-90, establishing the Neighborhoods Ta$k Force, assigning it duties, and setting a sunset date; and, WHEREAS, at the meeting of November 27, 1990, the City Commission adopted Resolution No. 113-90, which extended the established sunset date of the Neighborhoods Task Force; and, WHEREAS, at the meeting of December 10, 1991, the City Commission adopted Resolution No. 102-91, which authorized the Neighborhoods Task Force to hold monthly meetings on an ongoing basis and extended the established sunset date to July 31, 1992, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 102-91 be, and the same is hereby amended to read as follows: Section 3. This Neighborhood Task Force shall be authorized to reconvene in January 1993, and to hold monthly meetings on ãñ ongoing basis, and shall disband upon the discharge of its assigned tasks or by July 31, 1"2 1993, unless otherwise extended by action of the City Commissi~ Section 2. That this resolution shall become effective immediatelr upon its passage. PASSED AND ADOPTED in regular session on this the 28th day of July, 1992.· ~~~ ATTEST: flt1M"Y~f' )11 (f!Ir. J/aÄiÇ ity Cl rk . , ' " MEMORANDUM . TO: DAVID HARDEN - CITY MANAGER ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENTG{J SUBJECT: PRESENTATION AND DISCUSSION BY THE NEIGHBORHOOD TASK TEAM -- DATE: FEBRUARY 25, 1993 ITEM BEFORE THE COMMISSION: - - A presentation and discussion with the City Commission by the Neighborhood Task Team. BACKGROUND: In it's original inception, the Neighborhood Task Team was established by the City Commission under Resolution #68-90 in July 1990. During their first session, the Task Team's primary function was to review and evaluate goals set forth in the Housing Element of the Comprehensive Plan which were (1) directed at establishing residential neighborhoods; ( 2 ) refinement of geographic boundaries identified for neighborhoods, including the identification of individuals who would appropriately represent the same; (3) consider the priorities designated in the Housing Element for neighborhood improvement; and (4) consideration of other items that may be referred to the Task Team by the City Commission. On March 5, 1991, the Task Team submitted its final report and recommendations to the City Commission which was accepted. On December 10, 1991, the City Commission reconstituted the Neighborhood Task Team under Resolution #102-91 with direction to develop and review specific recommendations aimed at mitigating identified Code Enforcement problems throughout the City, and to provide recommendations toward the adoption of new and/or amended ordinances for the Commission's consideration. On July 28, 1992, the Task Team submitted its final report, which was accepted by the Ci ty Commission. A copy of this final report and recommendations is attached for your reference. The Chairman of the Task Team, David Henninger, will be presenting and discussing this report before the Commission and will also be looking for direction on the same. The Task Team would then propose a separate workshop meeting with the Commission to discuss proposed ordinances and other policy issues. LB:DQ Attachments NTT NTT93. CC t-\s.- ~ . , " . . NEIGHBORHOODS TASK TEAM FINAL RECOMMENDATIONS Pursuant to Resolution #102-91 approved by the city Commission, the Neighborhoods Task Team was given the responsibility of developing recommendations directed at mitigating code enforcement problems throughout the City of Delray Beach. At the first meeting a survey form was completed by thirty (30 ) Task Team members. From their responses categories were created that proposed to identify code enforcement problems for the Task Team to review and make recommendations proposed to correct declining conditions occurring in various neighborhoods throughout the City. Listed below are the Neighborhoods Task Team recommendations by category, and identified as proposed amendments to existing ordinances and/or the Land Development Regulations, new ordinances or proposed policy: I. PARKING REQUIREMENTS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS 1- Proposes to amend Section 4.~.9(C)(2) of the Land Development Regulations prohibiting parking on unimproved surfaces on residential front lawns and defining the number of parking spaces required per dwelling unit. 2. Proposes adoption by the City Commission an amendment to Section 4.6.16 requiring the improvement and maintenance of all swales within residential neighborhoods. B. AMENDMENT TO THE CODE OF ORDINANCES proposes to amend Chapter 71 of the Code of Ordinances prohibiting parking of any vehicle on swales and or right-of-ways. C. POLICY PROPOSAL 1- NTT proposes that Code Enforcement Officers and Police Officers be allowed to issue "parking tickets" during the normal work day for proposed parking on swales/right-of-ways and front lawn violations. 2. Proposes the development of a 3 to 5-year Comprehensive Swale Improvement Plan. The storm water utility fee is proposed. as the funding source to implement the plan. . · II. MANDATORY EXTERIOR MAINTENANCE STANDARDS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS 1. Proposes to amend Sec. 4.6.16 (B)(4) requiring existing single family detached units to comply with minimum landscape standards and to require the upgrading of landscaping on these properties, to the extent physically possible. 2 . proposes to amend Sec. 4.6.16 ( F) to provide for the use of a manually operated irrigation system for existing single family detached units. B. NEW ORDINANCE PROPOSAL Proposes adoption by the city Commission of an ordinance requiring the placement of laundry on proper laundry equipment, i.e. a clothes line or rack, where it is not visible from the road. III. OVERCROWDING OF HOUSING UNITS A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS Proposes amending Section 1. 4.5 to revise the definition of "Family" to restrict the number of unrelated persons allowed to live in a dwelling unit to three ( 3 ) . The Task Team further recommends amending this section by adding a new subsection to define additional criteria to be used along with the definition of family for determining overcrowded housing, as follow: l. Use of minimum square footage requirements to assess if a unit is overcrowded. Porches, utility rooms, kitchens, bathrooms, garages and hallways shall not be considered as bedrooms. 2. Minimum dwelling space requirements of 1S0 square feet for the first occupant and 100 additional square feet of floor area per additional occupant. Floor area shall be calculated on the basis of the total area of all habitable rooms. 3. For dwelling unit of two or more rooms, each room occupied by one ( 1 ) person shall contain at least 70 square feet of floor area and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of additional floor space per additional occupant. 2 '. , '" . . , 4. Use of HUD Section 8 Guidelines for limiting the number of persons occupying a unit to two ( 2 ) per bedroom. 5. Sanltation criteria should be used to assess overcrowded conditions. IV. VACANT BUILDINGS NEW ORDlNANCB PROPOSAL Proposes that the City Commission adopt as a standard the code Enforcement Board-Up Specifications on City initiated board ups, for all cases where residential units are required to be boarded up and that an annual inspection be established. POLICY PROPOSAL Window Treatments in Vacant Commercial Buildings. Proposes standards be adopted for the treatment of windows in vacant commercial buildings and suggests the Community Redevelopment Agency and the Downtown Development Authority develop a model. V. HOME OCCUPATION LICENSE POLICY PROPOSAL NTT proposes that there be tighter enforcement and monitoring of Home Occupational license holders and three or four times per year, a newspaper ad or other notice format be published to remind residents of the requirements. VI. LANDLORD PERMITS POLICY PROPOSAL Proposes that a direct notice be sent to condominium ~associations regarding the requirement for Landlord Permits. \) Additionally proposes, that the water bills and newspaper ads three or four times per year be used to notify all landlords of the requirement. VII. OTHER RECOMMENDATIONS A. NEWSRACK ORDINANCE Task Team members reviewed and supported the proposed Newsrack Ordinance regulating the placement of newspaper vending machines, and proposed the ordinance include language to offer an alternative color to "light brown" for vending machines. 3 , ' " B. TREE TRIMMING POLICY PROPOSAL ~roposes that staff send letters to homeowners associations and tree trimmers regarding the landscape code and the correct method for trimming trees. C. CODE ENFORCEMENT 1. POLICY PROPOSAL V a. proposes that all codes relating to housing should ~~~ ,(i) l~ ~ be published in one section of the Code of Ordinances as Single Family Housing Regulations. b. Proposes- the City Commission direct the Code Enforcement Board to continue its efforts to assess realistic fines for non-compliance to code / requirements and begin a practice of not reducing the assessed and/or accrued fines once compliance is received. c. Proposes the City Commission consider approval for ~ ~ a quarterly publication wi thin a local newspaper, \ ~'J.~, the names of persons or businesses that are ~~. "repeat violators." d. Proposes door hangers be used as courtesy notice ~\W for minor maintenance items. Recommended Staff '~,f'\J -~ develop a multiple use hanger with a plan for \f\6~ ÌI distribution and present this to the Task Team at ~' a later date. ~\ ~/ 2. AMENDMENT TO COUNTY COURT CITATION PROORAM NTT proposes amending the Citation program to include the use of citations for any repeat violation occurring by the same person or business, after two formal violation notices have been issued. A formal warning )e;..4Ó) ./ shall be issued to the violator concurrent with the ¡ I jìc)l A second violation notice. /)""14 «.. /~. ç~ Prr 1 ' L.' -- Õ._ ~ . J; D. ALLEYWAYS It was recommended that proposals for the use of alleyways to access back yards for parking be addressed at the quarterly Neighborhoods Task Team meetings. 4 , ' " · E. ANIMAL CONTROL POLICY PROPOSAL 1. Proposes City Manager write a letter to the governor's office requesting the wild animal rules be relaxed to give resldents more flexibility in handling wild animal concerns. The Task Team proposes re-visiting this recommendation to address a potential funding source for residents unable to afford private wild animal removal services. ... NTT proposes that the City Commission consider '" . hiring an assistant to work with the animal control officer. Lula Butler explained she is required to document the need for additional animal control staff. S ., ' '" · . -- - . -RESOLuTÌON NO. 102-91 A RESOLUTION or THE CITY COMMISSION or THE CITY or DELRAt BEACH, FLORIDA, AKENDIMG RESOLUTION NO. 61-90 WHICH ESTABLISHED THE NEIGHBORHOODS TASK raRCE or THZ CITY OF DELRAY BEACH AS AM AD-HOC ADVISORY BODY TO THE CITY COMMISSION, TO PROVIDE Foa A ItEV1SED SCOPE OF RESPONSIBILITY AND ESTABLISHING A MAXIMUM NUMBER or APPOINTED MEMBERS, AND AMENDING RESOLUTIOII NO. 113-90 WHICH EXTENDED THE ESTABLISHED SUNSET DATE or THE NEIGHBORHOODS TASK rORCI, TO PROVIDE FOR MONTHLY MEETINGS AND A NEW SUNS£'!' DATE or JULY 31, 1992, PROVIDING AN EFFECTIVE DATI. WHEREAS, at the ..eting of July 10, 1990, the City Commission adopted Resolution No. 6'-90, establi.hing the Neiqhborhoods Task rorce, a.signing it duties and respon.ibilitie., and .etting a .un.et date, and, WHEREAS, at the ...tinq of Noveaber 27, 1990, the City Commi..lon adopted Re.olution No. 113-90 which extended the establiahed aun.et date of the Nelqhborhood. Ta.k Force, and, WHEREAS, at the meeting of December 3, 1991, the City Commi..ion approved a .taff recommendation to expand the member.hip and chanqe the .cope of respon.ibility for the Heiqhborbooda Ta.k Force, and further authorized the holding of ~nthly .eatinga and a new Bun set date for the Neiqhborhooda T.ak rorce, NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAt BEACH, rLOIlIDA, AS FOLLOWSs Section 1. That Section 1 of Re.olution No. 6'-90 be, and the same i. hereby ...nded by adding a new .ub.ection (') to read a. follow.s (P) Development and review of .pecific reco...~dationB directed at aitigating identified code enforcement problema throughout the City of Delray Be.ch, and to provide recommendation. toward the adoption ot new and/or amended ordinancea for City Commission cons ide ration . Section 2. That Reaolution No. 6'-90 be, and the.&me i. hereby amended by adding a new Section 4 to read a. tollowas Section 4. That the Neiqhborhooda T..k Force membership .hall not exceed twenty-five (25) persona. Section 3. That Section 3 of Resolution No. 6'-90, toqether with the proviaion. of Section l 'of Re.olution 113-90, be, and the .... i. hereby amended to read a. follow.. Section 3. Thi. Neighborhood Task Force shall be authorized to hold monthly ..etinq. on an onqoinq baaia, and shall disband upon the discharge of its assiqned tasks or by l~~tt/JJIIJ"J July 31, 1992, unle.s otherwi.e extended by action of the City Commisaion. Section 4. That this resolution shall become effective immediately upon its pas.aqe. PASSED AND ADOPTED in reqular session on this the 10th day of Dee....r. "91. ~J~ ATTEST: I MAY 0(. :).'-n 'flllf,¡ 1fí.r 1-h:7f \ __.... ............... .. ........ .......__.. ...__...... ......-_._.._.._.......__....... ..._.4.....·..........'_......_...... ......._. _..- '." . __... ." ._.... ..... '._0"' ... ---- --------- - .. ..--- -- - --- -- - -- .--. ..-. " '" · Mayor Lynch suggested any future requests for waivers be paid directly by the homeowners. Mr. Andrews moved denial of the request for waiver of permitting fees, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yesj Dr. Alperin - Yesj Mr. Andrews - Yesj Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.D. Request to Hold Peach Umbrella Festival. The Commis- sion is to consider a request from the Peach Umbrella Association to hold their annual Fall Festival on October 31, 1992 from 8: 30 A.M. to 6:00 P.M. City Manager recommends approval. Dr. Alperin moved approval of the request for the Peach Umbrella Festival, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yesj Mr. Andrews - Yesj Mr. Randolph - Yesj Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. ~ Neighborhoods Task Team Final Report/Resolution No. 82-92. The Commission is to consider accepting and filing the final report from the Neighborhoods Task Team and consider Reso- lution No. 82-92 which authorizes the NTT to reconvene in January 1993 and sunset on July 31, 1993. Staff recommends approval. The City Manager presented Resolution No. 82-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992 TO AUTHORI ZE THE NEIGHBOR- HOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEET- INGS AND PROVIDING FOR A NEW SUNSET DATE OF JUL Y 31, 1993; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 82-92 is on file in the offi- cial Resolution Book) Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes¡ Mr. Randolph - Yes í Mayor Lynch - Yes¡ Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. -8- 7/28/92 '. ' " Mr. Randolph moved for the adoption of Resolution No. 82-92, seconded by Dr. Alperin. Mayor Lynch recommended that before reconvening, the Task Team should reevaluate the attendance record as there were people who missed quite a few of the meetings. Mr. Randolph withdrew his motion, Dr. Alperin withdrew his second. Mr. Randolph moved for the adoption of Resolution No. 82-92, authorizing the Neighborhoods Task Team to reconvene in January, 1993 and sunset on July 31, 1993 with particular attention to the attendance records; those with no attendance being removed and replaced, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9. F. Resident Project Representative Services/Digby Bridges. The - Commission is to consider authorizing resident project representative services under the contract with Digby Bridges, Marsh and Associates in an amount not to exceed $60,000 in conjunction with the development of the Tennis Center/Stadium; with funding from General Construction Fund Tennis/Center Stadium (Account No. 334-4145-572-63.41). Dr. Alperin moved approval of the RPR not to exceed $60,000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. Dr. Alperin stated he is approving this so there will be no hesitation in this project; efforts to try to correct this problem will cause a delay. Mayor Lynch stated this would be long term, but does need to be looked into. Mayor Lynch passed the gavel to Vice-Mayor Alperin. The City Manager stated the tennis center must be built by March, and at that pace it would be easy to miss important details. There is no room for error in building a world-class tennis facility, therefore the second ranked firm was asked to assist the City on a per diem basis for which they have offered a proposal not to exceed $13,037.40. They would also do the value engineering design constructability. The City hopes to do everything possible to be sure the stadium functions well, people enjoy playing in it, as well as being spectators in it. Mr. Randolph moved to approve Service Authorization No. 1.1 for consulting services, seconded by Mr. Lynch. Upon roll call the Commis- sion voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 4 to 0 vote. -9- 7/28/92 , RESOLUTION NO. 82-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 102-91 WHICH PROVIDED FOR MONTHLY MEETINGS AND EXTENDED THE ESTABLISHED SUNSET DATE OF THE NEIGHBORHOODS TASK FORCE TO JULY 31, 1992, TO AUTHORIZE THE NEIGHBORHOOD TASK FORCE TO RECONVENE IN JANUARY 1993, FOR THE PURPOSE OF HOLDING ADDITIONAL MEETINGS AND PROVIDING FOR A NEW SUNSET DATE OF JULY 31, 1993, PROVIDING AN EFFECTIVE DATE. WHEREAS, at the meeting of July 10, 1990, the City Conunission adopted Resolution No. 68-90, establishing the Neighborhoods Task Force, assigning it duties, and setting a sunset date, and, WHEREAS, at the meeting of November 27, 1990, the City Commission adopted Resolution No. 113-90, which extended the established sunset date of the Neighborhoods Task Force, and, WHEREAS, at the meeting of December 10, 1991, the City Conunission adopted Resolution No. 102-91, which authorized the Neighborhoods Task Force to hold monthly meetings on an ongoing basis and extended the established sunset date to July 31, 1992, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 102-91 be, and the same is hereby amended to read as follows: Section 3. This Neighborhood Task Force shall be authorized to reconvene in January 1993, and to hold monthly meetings on an ongoing basis, and shall disband upon the discharge of its assigned tasks or by July 31, 1"2 1993, unless otherwise extended by action of the City Commissi~ Section 2. That this resolution shall become effective immediatel~ upon its passage. PASSED AND ADOPTED in regular session on this the 28th day of July, 1992.· ~'M9X:¿ ATTEST: WL~'Ir[r' H/fm. J/nÄ1iy ity C rk , . "